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Zoe Green-Collette, FNP's v. Eloisa Lerma and Ernesto Dominguez, Indvd and for the Estate of Roccio Dominguez

Docket 01-25-00606-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed
Filed
Jurisdiction
Texas
Court
Texas Court of Appeals, 1st District (Houston)
Type
Lead Opinion
Case type
Civil
Disposition
Dismissed
Docket
01-25-00606-CV

Appeal from a civil matter in the 189th District Court, Harris County, Texas (Trial Court Case No. 2024-67454).

Summary

The court granted the appellant's unopposed motion to dismiss the appeal because the parties resolved their differences. The Court of Appeals dismissed the appeal under the applicable Texas Rules of Appellate Procedure and found any other pending motions moot. The decision is brief and procedural, without reaching the underlying merits of the dispute.

Issues Decided

  • Whether the appeal should be dismissed based on the appellant's unopposed motion to dismiss after the parties resolved their dispute.
  • Whether any other pending motions should be dismissed as moot following dismissal of the appeal.

Court's Reasoning

The appellant filed an unopposed motion asking the court to dismiss the appeal because the parties settled their dispute. Under Texas Rule of Appellate Procedure 42.1(a) (and cited Rule 43.2(f)), the court has authority to dismiss appeals when a party moves to do so and the motion is unopposed. Because the dismissal resolved the case on appeal, any remaining motions were rendered moot.

Authorities Cited

  • Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.1(a), 43.2(f)

Parties

Appellant
Zoe Green-Collette, FNP
Appellee
Eloisa Lerma
Appellee
Ernesto Dominguez, individually and for the Estate of Roccio Dominguez
Judge
Per Curiam (Justices Rivas-Molloy, Johnson, and Dokupil, panel)

Key Dates

Opinion issued
2026-04-30

What You Should Do Next

  1. 1

    Confirm settlement terms

    Parties should ensure any settlement agreement is finalized, signed, and filed with the court if required to make terms enforceable.

  2. 2

    Close related filings

    Counsel should withdraw or update any remaining filings in the trial and appellate courts to reflect the dismissal and ensure there are no outstanding obligations.

  3. 3

    Record retention and enforcement

    Preserve settlement documents and consider enforcement options or dismissal-with-prejudice filings if a party fails to comply with the settlement.

Frequently Asked Questions

What did the court decide?
The court dismissed the appeal because the appellant filed an unopposed motion to dismiss after the parties settled their dispute.
Does this decision resolve the underlying case?
Yes, the dismissal ends this appeal, but the opinion does not address the merits of the underlying dispute or any settlement terms.
Who is affected by this dismissal?
The appellant (Zoe Green-Collette) and the appellees (Eloisa Lerma and Ernesto Dominguez/estate) are affected because the appellate proceeding is concluded.
Can this dismissal be appealed further?
Generally, dismissals by agreement or unopposed motion are final; further review would be unlikely unless there are procedural grounds to reopen or set aside the dismissal.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
Opinion issued April 30, 2026




                                    In The

                             Court of Appeals
                                    For The

                         First District of Texas
                           ————————————
                             NO. 01-25-00606-CV
                           ———————————

                 ZOE GREEN-COLLETTE, FNP, Appellant
                                       V.
 ELOISA LERMA AND ERNESTO DOMINGUEZ, INDIVIDUALLY AND
      FOR THE ESTATE OF ROCCIO DOMINGUEZ, Appellees


                   On Appeal from the 189th District Court
                            Harris County, Texas
                      Trial Court Case No. 2024-67454


                         MEMORANDUM OPINION

      Appellant filed an unopposed motion to dismiss this appeal, explaining that

the parties have resolved their differences.   We grant Appellant’s motion to
dismiss. See TEX. R. APP. P. 42.1(a), 43.2(f). We dismiss any other pending

motions as moot.

                                PER CURIAM
Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.




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